The Empirical Study Of The Civil Environmental Public Interest Litigation In Our Country

With the rapid development of China's economy and society,the environmental and ecological problems become increasely serious,such as air pollution,water pollution,ecological destruction and pollution of the marine environment.In order to maintain public interests,protect the environment and ecology,2012 Civil Procedure Law fifty-fifth and 2014 Environmental Protection Law fifty-eighth to initiate civil environmental the plaintiff in public interest litigation subject qualification is strictly limited.At the same time,explanations of the Supreme People's Court promulgated in December 2014 on Several Issues concerning the trial of civil environmental public interest litigation cases for the understanding and application of the legal system of environmental civil.public interest litigation is a Interpretation and refinement step.The legal and judicial interpretation of the promulgation and implementation of China's environmental civil litigation brought hope to the plaintiff of environmental public interest litigation has a legal basis is sufficient.But the environmental protection organization of public rights of way is not smooth,environmental civil public interest litigation system is not perfect.Such as the plaintiff qualification,litigation procedure,lack of reasonable and effective legal regulation of the courts set up etc.This paper mainly includes four parts:The first part is the overview of China's environmental civil litigation case.The author mainly from the friends of nature,green hair will China Network Authority official website search,sorting out the 73 cases within 2015 and 2016 years,and the classification and statistics of the case.The regional distribution of China's environmental civil public interest litigation the pollution of the environment,type,the qualification of the plaintiff,the defendant,the lawsuit,the outcome of the case and the establishment of environmental courts to statistical data,and briefly summarized.The second part is the progress and highlights of environmental civil public interest litigation.The author from the number of cases accepted,the plaintiff,defendant,litigation support,support the prosecution system,the expert assistant system,cross domain public interest litigation pointed out seven aspects of the highlights and progress of our country's environmental civil public interest litigation.The third part is the defects and difficulties of environmental civil public interest litigation in our country.The author pointed out,the qualification of the plaintiff,procedure,system defects and difficulties in three aspects of environmental protection and the courts.The fourth part is to perfect the system of environmental civil public interest litigation in our country.In the plaintiff qualification,improve the ability to define the judicial organ to the plaintiff qualification of environmental NGO,relaxation of environmental protection organization the qualification of the plaintiff,in the form of legislation to endow the procuratorial organ with the qualification of the plaintiff,and clearly define the "right" lawsuit in nature.Procedures,clear filing standards,balance the distribution of burden of proof,the reconstruction of legal cost rules.In terms of the establishment of environmental courts,unified trial mode,improve environmental justice professional skills,promote the establishment of environmental courts across the country.